Former Chief Justice David Maraga has warned that a partisan police force could plunge the country into post-election chaos, urging President William Ruto to comply with the Constitution.
He spoke on Monday as he made public the recommendations of the taskforce on police reforms, which he chaired in 2023.
"A partisan police force was a root cause of the slaughter of 2007/2008. Kenyans should not forget that the 2010 Constitution's independent institutions clauses were written in that blood," the former Chief Justice warned.
Last week, Mr Maraga issued a seven-day ultimatum to President Ruto to publish the report of the taskforce on police reforms, failing which he would release it himself.
He said the team he chaired recommended the independence of the National Police Service (NPS) to stop what he termed the state capture of the NPS, which he said had resulted in its misuse and abuse. It is among more than 200 recommendations the taskforce made, he said.
The former Chief Justice, who demanded the full implementation of the report, said the recommendations included a change of police uniforms and the independence of the NPS. While the uniform change was part of the 200 reforms, he said it was not urgent. The NPS introduced a new police uniform last week.
The country, Mr Maraga said, was witnessing what he had earlier termed "organised political violence, goonism and partisan policing" in Homa Bay, Keumbu and Ol Kalou, as well as acts of violence in churches in Kisumu, Nairobi and Witima.
In Homa Bay, two people, including a police officer, were killed and 46 others injured during violent clashes that disrupted the Linda Mwananchi rally.
"The answer to this malaise is simple: comply with the Constitution. The central finding in the report is the constitutional command. The National Police Service must be independent. It is a demand to dismantle the colonial police system and end the state capture of the security system," Mr Maraga said.
While the Constitution is clear, Mr Maraga said, the Security Laws (Miscellaneous Amendment) Act, 2014, "tore those safeguards out," resulting in the "capture" of the NPS.
The taskforce demanded the repeal of the 2014 amendments and fresh vetting and appointment of officers from the rank of senior superintendent of police upwards. But the recommendation was ignored, he said.
The law on age, he said, was also bent, with the result being for "obvious political benefit."
The Maraga-led taskforce submitted its report to President Ruto on November 16, 2023. However, for nearly three years, the report's recommendations have not been fulfilled, nor has the independence of the NPS been restored, Mr Maraga said.
The Interior Ministry, in August 2024, said it had "finalised a comprehensive strategic framework to unpack and implement the report that identified 271 recommendations for the Police, 210 for Prisons, and 117 for the National Youth Service."
"The first phase of implementation of reforms has prioritised actions requiring no additional funding, such as revising service charters and developing new service standards," the Interior Ministry posted on X on August 2, 2024.
